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NATIONAL FORESTRY (AMENDMENT) ACT 2022 is Malaysia Amendment Act, cited as Amendment Act A1667 2022, currently marked in force and first recorded in 2022.
Opening note
Opening note
This Act shall not come into operation in a State unless it has been adopted by a law made by the Legislature of the State pursuant to Clause (3) of Article 76 of the Federal Constitution.
This Act comes into operation in the Federal Territories of
Kuala Lumpur, Labuan and Putrajaya on a date to be appointed by the Minister by notification in the Gazette.
NATIONAL FORESTRY (AMENDMENT) ACT 2022
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Amendment of section 2
The National Forestry Act 1984 [Act 313], which is referred to as the “principal Act” in this Act, is amended in section 2—
in paragraph (a), by substituting for the word
“rock” the words “rock material”;
by inserting after subparagraph (ii)
the following subparagraph:
“(iii) terrestrial plants specified in the
Third Schedule to the International
Trade in Endangered Species
Act 2008 [Act 686];”; and
by inserting after the definition of “minor licence”
the following definition:
‘ “minor licence area” means the area or part of the area covered by a minor licence in accordance with section 29a;’;
in the English language text, in the definition of “take”, by substituting for the word “cattle” the word “livestock”;
by inserting after the definition of “assessment”
the following definition:
‘ “authorized officer” means an officer authorized under section 3a;’;
by inserting after the definition of “police officer”
the following definition:
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‘ “premises” includes any house, building, hut, shed, structure, platform and land whether or not enclosed or built upon;’;
in the national language text, in the definition of “ternakan”, by deleting the words “gajah,”;
in the English language text, by inserting after the definition of “licensee” the following definition:
‘ “livestock” includes buffalo, horse, pony, mule, ass, pig, sheep and goat;’; and
in the English language text, by deleting the definition of “cattle”.
New section 3a
The principal Act is amended by inserting after section 3
the following section:
“Authorized officer 3a. The State Authority may authorize in writing any officer of the Federal Forestry Department to exercise the powers conferred under Part VIII.”.
Amendment of section 4
Paragraph 4(e) of the principal Act is amended by substituting for the words “amenity forests” the words “permanent reserved forests classified under subsection 10(1)”.
Amendment of section 5
Section 5 of the principal Act is amended by substituting for subsection (1) the following subsection:
“(1) The Director may, in writing and subject to such conditions and restrictions as may be specified in the instrument of delegation, delegate to any forest officer the exercise and performance of any power or duty conferred or imposed on the Director under this Act.”.
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Amendment of section 10
Subsection 10(1) of the principal Act is amended by inserting after paragraph (j) the following paragraph:
“(ja) state park forest;”.
Substitution of section 11
The principal Act is amended by substituting for section 11
the following section:
Quoted provision
The State Authority shall, before excising any land from a permanent reserved forest, conduct a public inquiry in the manner as may be prescribed.”.
Substitution of section 12
“State Authority may excise land from permanent reserved forest
The principal Act is amended by substituting for section 12
the following section:
Quoted provision
The State Authority shall constitute the area of land identified under subsection (1) as a permanent reserved forest by publishing in the Gazette a notification in accordance with section 7 and the notification shall be published together with a notification under subsection 13(1).”.
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Amendment of section 15
“State Authority to replace land excised from permanent reserved forest
Section 15 of the principal Act is amended by substituting for subsection (2) the following subsection:
“(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction—
where the volume is less than five cubic metres, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both; or
where the volume is five cubic metres or more, be liable to imprisonment for a term of not less than five years but not more than twenty years and to a fine of not less than one hundred thousand ringgit but not more than five million ringgit;
in relation to a terrestrial plant specified in the Third Schedule to the International Trade in
Endangered Species Act 2008, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; and
in relation to a minor forest produce other than a terrestrial plant mentioned in paragraph (b), be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
New section 19a
The principal Act is amended by inserting after section 19
the following section:
“Issuance of licences by Director 19a. Licences may, subject to any contrary direction by the State Authority and to any rules, be issued or renewed on behalf of the State Authority by the Director.”.
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Amendment of section 21
Subsection 21(1) of the principal Act is amended by substituting for the words “of twelve months” the words
“not exceeding twelve months”.
Amendment of section 25
Subsection 25(2) of the principal Act is amended by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment; and if the offence is a continuing one” the words “commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both, and in the case of a continuing offence”.
New section 29a
The principal Act is amended by inserting after section 29
the following section:
“Minor licence area 29a. Before any minor licence is issued, the Director shall require an applicant to submit a plan of the area or part of the area within which operations will be carried out by the applicant.”.
New section 31a
The principal Act is amended by inserting after section 31
the following section:
“Ceasing of operation, suspension and revocation of minor licence 31a. The provisions relating to ceasing of operation in a licensed area in sections 25 and 26 and the provisions relating to suspension and revocation of licence in section 27 shall apply to a minor licence.”.
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Amendment of section 32
Section 32 of the principal Act is amended by substituting for subsection (2) the following subsection:
“(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
Amendment of section 40
Section 40 of the principal Act is amended by substituting for subsection (2) the following subsection:
“(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction—
where the volume is less than five cubic metres, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
where the volume is five cubic metres or more, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both; and
in relation to a minor forest produce, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.
Amendment of section 43
Section 43 of the principal Act is amended—
in subsection (1), by inserting after the words
“issue thereof” the words “and in accordance with subsection (2a), may be renewed from time to time”;
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by inserting after subsection (2) the following subsection:
“(2a) The Director may, on the application of a holder of a removal licence made not later than thirty days before the expiry of the removal licence, renew the removal licence for a term not exceeding six months, and the Director may vary, delete or add to the provisions contained in the removal licence.”;
and
in subsection (3), by inserting after the words “Form 5”
the words “and if a removal licence is renewed, it shall be endorsed with a note of such renewal and the date of its expiry”.
Amendment of section 47
Section 47 of the principal Act is amended—
by inserting after paragraph (a) the following paragraph:
“(aa) a holder of a minor licence, his servants or agents, but only for the purpose of exercising the rights granted by the minor licence;”;
in paragraph (d), by deleting the word “and” at the end of the paragraph; and
by inserting after paragraph (d) the following paragraph:
“(da) a holder of a road permit, his servants or agents, but only for the purpose of exercising the rights granted by the road permit; and”; and
National Forestry (Amendment)
by substituting for subsection (4) the following subsection:
“(4) Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 48
Section 48 of the principal Act is amended by substituting for the words “47(a), (c) and (d)” the words “47(a), (aa), (c),
Section 50 of the principal Act is amended—
in subsection (1), by inserting after the words
“the Director” the words “or by a forest officer authorized by the Director to issue a road permit”; and
by substituting for subsection (4) the following subsection:
“(4) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
New section 50a
The principal Act is amended by inserting after section 50
the following section:
“Durations, conditions, etc., and renewal of road permits 50a. (1) Except in so far as it is otherwise prescribed, every road permit shall be issued for a term expiring not later than the end of the calendar year in which it commences, and in accordance with subsection (3), may be renewed from time to time.
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Every road permit shall have effect subject to such provisions as may be contained in the road permit, and so far as not inconsistent therewith, to any other provision which may be prescribed.
The Director may, on the application of a holder of a road permit made not later than thirty days before the expiry of the road permit, renew the road permit for a term not exceeding one calendar year, and the Director may vary, delete or add to the provisions contained in the road permit.”.
Amendment of section 58
Section 58 of the principal Act is amended—
by substituting for the words “amenity forests”
the words “permanent reserved forests”; and
by inserting after paragraph (e) the following paragraph:
“(f) any expenses incurred by the State Authority in managing and carrying out sustainable development of permanent reserved forests.”.
New section 60a
The principal Act is amended by inserting after section 60
the following section:
“Power to reduce, waive or exempt forest development cess 60a. (1) Notwithstanding section 60, the State Authority may reduce, commute or waive a forest development cess, or exempt payment of a forest development cess, in respect of
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any forest produce specified in the Third Schedule, which is removed from any permanent reserved forest, State land, reserved land, mining land or alienated land.
Subject to any contrary direction by the State Authority, the Director may reduce, commute or waive a forest development cess, or exempt payment of a forest development cess—
in respect of any forest produce or class of forest produce for the following purposes:
for scientific, or other non-commercial purposes;
to encourage the utilization of various dimensions and species of forest produce having little or no market demand and which would otherwise be uneconomical to take;
to encourage the taking of forest produce damaged by fire, pest, disease or other causes;
or
in respect of any forest produce or class of forest produce removed from any State land or alienated land by any aborigine—
for the construction and repair of temporary huts on any land lawfully occupied by such aborigine;
for the construction or maintenance of any work for the common benefit of the aborigines.”.
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Amendment of section 66
Section 66 of the principal Act is amended—
in the shoulder note, by inserting after the words
“licence area” the words “or minor licence area”;
by inserting after the words “the licence area”
the words “or minor licence area”; and
by inserting after the words “the licence” wherever appearing the words “or minor licence”;
by inserting after the words “the licence”
the words “or minor licence”; and
by inserting after the words “the licence area”
the words “or minor licence area”; and
in paragraphs (a), (b) and (c), by inserting after the words “licence area” wherever appearing the words “or minor licence area”; and
by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment”
the words “commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both”.
Amendment of section 67
Section 67 of the principal Act is amended by substituting for subsection (2) the following subsection:
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“(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
Amendment of section 68
in subsection (3), by inserting after paragraph (a)
the following paragraph:
“(aa) a minor licence area;”;
by substituting for subsection (4) the following subsection:
“(4) Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.”; and
by inserting after subsection (4) the following subsection:
“(5) Any person who contravenes subsection (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 69
Section 69 of the principal Act is amended—
by substituting for subsection (3) the following subsection:
“(3) Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”; and
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by inserting after subsection (3) the following subsection:
“(4) Any person who contravenes subsection (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
New section 70a
The principal Act is amended by inserting after section 70
the following section:
“Pass other than removal pass 70a. Notwithstanding anything contained in this Act, the State Authority may issue any pass other than a removal pass in the form and manner as may be prescribed by the State Authority to any person who has in his possession, custody or control any forest produce.”.
Amendment of section 73
Paragraph 73(a) of the principal Act is amended by substituting for the words “the licence and forest produce” the words
“the licence, minor licence, use permit and forest produce”.
Amendment of section 75
in subsection (1), by substituting for the words
“or use permit” wherever appearing the words “, use permit or road permit”;
by substituting for paragraph (b) the following paragraphs:
“(b) bank draft;
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(ba) banker’s cheque;
(bb) money by electronic fund transfer; or”;
and
in paragraph (c), by substituting for the words
“(a) and (b)” the words “cash, bank draft, banker’s cheque or money by electronic fund transfer”;
in subsection (3), by substituting for the words “use permit or minor licence” the words “minor licence, use permit or road permit”; and
by inserting after subsection (3) the following subsection:
“(4) Where a licensee or a holder of a minor licence, use permit or road permit contravenes any provisions of this Act or the provisions of the licence, minor licence, use permit or road permit, the Director may forfeit the whole or part of the deposit paid by the licensee or the holder of the minor licence, use permit or road permit.”.
New section 75a
The principal Act is amended by inserting after section 75
the following section:
“Power to charge and receive fees 75a. The State Authority shall have the power to charge and receive any fee for any service rendered by the
State Authority.”.
Amendment of section 81
in the English language text, in paragraph (1)(a), by substituting for the word “cattle” wherever appearing the word “livestock”; and
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by substituting for subsection (2) the following subsection:
“(2) Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable—
if the offence is under paragraph (a), to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both;
if the offence is under paragraph (b) or (c), to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both;
if the offence is under paragraph (d), (e)
or (f), to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both; and
if the offence is under paragraph (g), to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 82
Section 82 of the principal Act is amended—
in subsection (1), by substituting for the words “in such a manner as to endanger such reserved forest” the words
“except with the permission of the Director”; and
by substituting for subsection (2) the following subsection:
“(2) Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
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Amendment of section 83
Section 83 of the principal Act is amended—
by substituting for the shoulder note the following shoulder note:
“Prohibition of littering”;
by substituting for subsection (2) the following subsection:
“(2)
Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”; and
Subsection 84(1) of the principal Act is amended by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment” the words “commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both”.
Amendment of section 85
in subsection (1), by substituting for the words
“an authorized officer” the words “the Director or by a forest officer authorized by the Director”; and
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by substituting for subsection (2) the following subsection:
“(2) Any person who contravenes subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.”.
Amendment of section 86
Section 86 of the principal Act is amended by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred thousand ringgit and to imprisonment for a term which shall not be less than one year but shall not exceed twenty years” the words “commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than five years but not more than twenty years and to a fine not exceeding one million ringgit”.
New sections 86a, 86b, 86c and 86d
The principal Act is amended by inserting after section 86
the following sections:
“Obstructing duties and powers 86a. Any person who voluntarily obstructs any forest officer, authorized officer or police officer in the execution of any duty imposed or power conferred by this Act commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Quoted provision
Any person who makes, orally or in writing, signs or furnishes any declaration, statement, certificate or other document or information required under this Act which is untrue, inaccurate or misleading in any particular commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
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Attempting to commit offence 86c. Any person who attempts to commit any forest offence commits an offence and shall, on conviction, be liable to the punishment provided for the offence provided that the punishment imposed shall not exceed half of the maximum fine and imprisonment provided for the offence.
Abetment 86d. Any person who abets the commission of any forest offence commits an offence and shall, if the act abetted is committed in consequence of the abetment, be liable with the punishment provided for the offence.”.
Substitution of section 87
False declaration, etc.
The principal Act is amended by substituting for section 87
the following section:
Quoted provision
Any person commits a breach of any rules made under this Act, for the breach of which no penalty is expressly provided commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
Amendment of section 88
“General penalty
by substituting for subsection (1) the following subsection:
“(1) A forest officer not below the rank of Forester, an authorized officer or a police officer may—
any person whom he has reason to believe to have committed a forest offence which is a seizable offence within the meaning of the Criminal
Procedure Code [Act 593]; or
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any person whom he has reason to believe to have committed a forest offence other than the offence specified in subparagraph (i), if the person refuses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond; and
seize any thing which he considers necessary to seize in relation to the evidence necessary to establish the commission of any such offence.”; and
in subsection (3), by inserting after the words
“Assistant District Forest Officer,” the words
“any authorized officer,”.
Amendment of section 89
Section 89 of the principal Act is amended by inserting after the word “Forester” the words “, any authorized officer”.
Amendment of section 90
by substituting for subsection (1) the following subsection:
“(1) If it appears to a Magistrate, upon a written information from a forest officer not below the rank of
Assistant District Forest Officer, an authorized officer or a police officer not below the rank of Sergeant and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that any premises has been used for or that in any premises there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the Magistrate may issue a warrant authorizing any forest officer not below
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the rank of Assistant District Forest Officer, any authorized officer or any police officer not below the rank of
Sergeant named in the warrant, by day or night and with or without assistance, to enter the premises and if need be by force.”;
by inserting after subsection (1) the following subsection:
“(1a) Without affecting subsection (1), the Magistrate may issue a warrant authorizing the forest officer not below the rank of Assistant District Forest Officer, the authorized officer or the police officer not below the rank of Sergeant to—
search the premises for, and to seize or remove from the premises any forest produce, receptacle, package, conveyance, machinery, tool, equipment, book, record, document or other thing that is reasonably believed to furnish evidence of the commission of such offence;
take samples of any forest produce or other thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed; and
make copies of or take extracts from any book, record, document or other thing found in the premises.”;
by substituting for the words “Any forest officer or police officer acting under subsection (1)
may—” the words “Any forest officer not below the rank of Assistant District Forest Officer, any authorized officer or any police officer not below the rank of Sergeant acting under this section may—”;
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by substituting for paragraph (a) the following paragraph:
“(a) break open any outer or inner door or window of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;”;
in paragraph (b), by substituting for the words
“subsection (1)” the words “this section”; and
in paragraph (c), by substituting for the words
“building or place or on the land until it”
the words “premises until the premises”; and
by inserting after subsection (2) the following subsection:
“(3) A forest officer not below the rank of Assistant
District Forest Officer, an authorized officer or a police officer not below the rank of Sergeant conducting search under this section may, for the purpose of investigating into the forest offence, search any person who is in or on the premises.”.
Substitution of section 91
The principal Act is amended by substituting for section 91
the following section:
Quoted provision
If it appears to a forest officer not below the rank of
Forester, an authorized officer or a police officer that there is reasonable cause to believe that in any premises or any State land, mining land, reserved land, alienated land or land under temporary occupation licence there is concealed or deposited any evidence in respect of which a forest offence is being or has been committed, and if he has reasonable grounds for believing that by reason of the delay in obtaining a warrant under section 90 the evidence is likely to be tampered
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with, removed, damaged or destroyed, he may exercise in, upon, and in respect of the premises or State land, mining land, reserved land, alienated land or land under temporary occupation licence all the powers mentioned in section 90
as if he were authorized to do so by a warrant issued under that section.”.
New section 91a
“Search without warrant
The principal Act is amended by inserting after section 91
the following section:
“Search of person 91a. A forest officer not below the rank of Assistant District
Forest Officer, an authorized officer or a police officer not below the rank of Sergeant making a search on a person under section 90 or 91 may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any of those things which there is reason to believe were the instruments or other evidence of the forest offence may be detained until the discharge or acquittal of the person.”.
Amendment of section 92
in the shoulder note, by substituting for the words
“and search” the words “, search and seize”;
by substituting for subsection (1) the following subsection:
“(1) If a forest officer not below the rank of
Forester, an authorized officer or a police officer has reasonable cause to suspect that any conveyance is carrying any forest produce, receptacle, package, machinery, tool, equipment, book, record, document or other thing in respect of which a forest offence is being or has been committed, the forest officer not below the rank of Forester, the authorized officer or the police officer may stop and search the conveyance and may, if on examination he has reasonable cause
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to believe that the conveyance is or has been used in the commission of such offence, seize the conveyance and any forest produce, receptacle, package, machinery, tool, equipment, book, record, document or other thing found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence.”;
in subsection (2), by substituting for the words “the forest officer or police officer” wherever appearing the words
“the forest officer not below the rank of Forester, the authorized officer or the police officer”;
by inserting after subsection (2) the following subsection:
“(2a) The forest officer not below the rank of
Forester, the authorized officer or the police officer may, in the exercise of his powers under this section, if it is necessary to do so, detain any person found in the conveyance until the search is completed.”; and
Section 93 of the principal Act is amended—
by substituting for paragraph 1(b) the following paragraph:
“(b) prepare a list of the things seized and of the place in which the thing is found and shall sign the list.”;
by inserting after subsection (1) the following subsections:
“(1a) The list prepared in accordance with subsection (1) shall be delivered immediately to—
the person in control or in charge of the conveyance or thing carried in the conveyance where the seizure is made under section 92
or 96a.
National Forestry (Amendment)
Where the seizure is made in or from any premises which is unoccupied, the seizing officer shall, whenever possible, post a list of things seized conspicuously at or on the premises, or deliver a copy of the list to the owner of the things seized personally or by post at his usual or last-known place of abode or business.
Where, by reason of its nature, size or amount, it is not practicable to remove any thing seized under subsection (1), the seizing officer shall, by any means, seal or mark such thing seized in the premises or container in which it is found.”; and
tampers with, removes, damages or destroys any thing marked under subsection (1); or
tampers with, damages or breaks the seal or mark under subsection (1c) or removes the sealed or marked thing seized, or attempts to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
New section 95a
by substituting for subsection (2) the following subsection:
“(2) Any person who, without lawful authority—
The principal Act is amended by inserting after section 95
the following section:
Quoted provision
Where any forest produce, receptacle, package, conveyance, machinery, tool, equipment, book, record, document or other thing seized under this Act is held in the custody of the State Authority pending completion of any proceeding in respect
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of a forest offence, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the State Authority, by such person and shall be recoverable accordingly.”.
Amendment of section 96
“Cost of holding seized forest produce, etc.
in the shoulder note, by substituting for the words
“Forest officer may” the words “Power to”;
in subsection (1), by substituting for the words “any forest officer” the words “a forest officer not below the rank of Forester, an authorized officer or a police officer”;
and
by substituting for subsection (2) the following subsection:
“(2) Any person who impedes or obstructs any forest officer not below the rank of Forester, any authorized officer or any police officer exercising his powers under subsection (1) or who refuses to render such assistance as is required by such officer, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.
New section 96a
The principal Act is amended by inserting after section 96
the following section:
“Power to set up roadblocks 96a. (1) Notwithstanding anything contained in any other law, any forest officer not below the rank of Forester in uniform authorized in writing by a District Forest Officer or any authorized officer in uniform authorized in writing by the Director may, if he considers it is necessary to do so for the enforcement of this Act, erect or place or cause to be erected or placed any barrier on or across any road in
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such manner as he thinks fit; and the officer may take all reasonable measures to prevent any conveyance from being driven past the barrier, including any measure to pursue and stop any such conveyance where, having regard to the circumstances at a given moment of time, it is apparent that if such measure is not taken the escape of such conveyance to avoid detection or otherwise is likely to be imminent.
Any person who fails to comply with any signal of a forest officer not below the rank of Forester in uniform or an authorized officer in uniform under subsection (1) requiring such person or conveyance to stop before reaching any such barrier, or attempts to cross or knock any such barrier, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
No officer referred to in subsection (1) shall be liable for any loss, injury or damage caused to any person or property consequent upon the taking of the steps mentioned in subsection (1).”.
Amendment of section 97
Subsection 97(2) of the principal Act is amended by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment” the words “commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both”.
Amendment of section 98
Subsection 98(2) of the principal Act is amended by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment” the words “commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both”.
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Amendment of section 99
Section 99 of the principal Act is amended by inserting after the words “forest officer” wherever appearing the words
“or authorized officer”.
Amendment of section 100
by inserting after the words “forest officer” the words
“or an authorized officer”; and
by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment” the words “commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both”.
Amendment of section 101
Section 101 of the principal Act is amended—
in subsection (1), by substituting for the words “compound any offence under this Act except any offence under section 86 or 107” the words “, with the consent of the
Public Prosecutor, compound any offence under this Act except any offence under section 86”; and
in paragraph (c), by deleting the word “and” at the end of the paragraph;
in paragraph (d), by substituting for the full stop at the end of the paragraph the words “; or”;
and
National Forestry (Amendment)
by inserting after paragraph (d) the following paragraph:
“(e) a combination of any of the payment, cost or charge referred to in paragraphs
The principal Act is amended by substituting for section 103
the following section:
Quoted provision
No prosecution for an offence under this Act shall be instituted except by or with a written consent of the
Public Prosecutor.”.
Amendment of section 104
“Institution of prosecution
by deleting the words “found within a permanent reserved forest or State land”; and
by inserting after paragraph (e) the following paragraphs:
“(f) that any person found within or next to a permanent reserved forest or State land where the taking of forest produce has occurred without a licence issued under this Act, has taken the forest produce; and
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that any machinery, equipment or conveyance specified in the Sixth Schedule found within or next to a permanent reserved forest or State land where the taking of forest produce has occurred without a licence issued under this Act, is used for the taking of forest produce.”.
Amendment of section 106
Section 106 of the principal Act is amended—
in the shoulder note, by substituting for the words
“police officers, members of the armed forces”
the words “authorized officers, police officers”; and
by substituting for the words “police officer or member of the armed forces” wherever appearing the words
“authorized officer or police officer”.
Deletion of section 107
The principal Act is amended by deleting section 107.
Substitution of section 109
The principal Act is amended by substituting for section 109
the following section:
Quoted provision
Where any person who commits a forest offence is a body corporate, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the body corporate or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in its management—
may be charged severally or jointly in the same proceedings with the body corporate; and
National Forestry (Amendment)
if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
that the offence was committed without his knowledge; and
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.”.
Amendment of section 111
“Offences committed by corporations
in paragraph (e), by substituting for the words
“licensee in taking forest produce on and from a licence area”
the words “licensee or holder of a minor licence in taking forest produce on and from a licence area or a minor licence area”;
by inserting after paragraph (h) the following paragraph:
“(ha) prescribe the form of a pass other than a removal pass and provide for the issuance, production and return of such pass;”;
by substituting for paragraph (s) the following paragraph:
“(s) provide for matters relating to the administration, development and activity of the permanent reserved forests classified under subsection 10(1);”;
by inserting after paragraph (u) the following paragraph:
“(ua) prescribe the manner to conduct a public inquiry before the State Authority excises any land from a permanent reserved forest;”; and
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in paragraph (v), by substituting for the words
“provided such penalties shall not exceed those prescribed by section 87” the words “with a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both”.
Amendment of Second Schedule
The Second Schedule to the principal Act is amended in PART A—
by substituting for paragraph (c) the following paragraph:
“(c) Converted timber”; and
The Sixth Schedule to the principal Act is amended—
in PART A – MACHINE, by inserting after paragraph (e)
the following paragraph:
“(f) Excavator”; and
in PART C – CONVEYANCE, by inserting after subparagraph 1(c) the following subparagraphs:
“(d) Lorry